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Thursday, August 25, 2011

AMERICAN INDIANS, ALASKA NATIVES &THE DEPARTMENT OF DEFENSEA BRIEF HISTORY

Copyright Ralph Reeser & Native American Technologies, Inc., 1999 Page 1AMERICAN INDIANS, ALASKA NATIVES &THE DEPARTMENT OF DEFENSEA BRIEF HISTORYAs we progress into the 21st century, it is fitting that the Department of Defense hascome full circle in its relations with American Indians and Alaska Natives. Thisevolution from adversary to partner culminated in the 1998 announcement of an officialDoD American Indian and Alaska Native Policy. This policy promotes the developmentof a Government-to-Government Relationship between the DoD and Federallyrecognized Tribes and calls for the implementation of meaningful Consultation andcommunication with Tribes. The policy also mandates that DoD be proactive inprotecting Tribal-Village cultural and natural resources, and it is particularly strong incommitting the agency to fulfilling its Trust Responsibilities to Tribes. Unfortunately,this has not always been the case.The following pages present a summary of important events in the history of AmericanIndians and Alaska Natives in relation to the DoD and its precursor agencies (theCavalry, the US Army, the War Department, etc.). We start the history at the beginningof the United States with the actions of the Continental Congress..Events are grouped in time periods which coincide with major shifts in national policytoward Tribal peoples. The result makes it obvious that the evolving relationshipbetween American Indians, Alaska Natives and the DoD has been continuous and isintimately connected to the evolution of Federal Indian policy.Copyright Ralph Reeser & Native American Technologies, Inc., 1999 Page 2THE NEW NATION1786On August 7, 1786, the Continental Congress adopted an ordinance for the regulationof Indian affairs. The ordinance required two districts (Northern and Southern), eachheaded by a superintendent, who reported to the Secretary of War. TheSuperintendents were authorized to grant licenses to applicants who wanted to tradeand live with the Indians. The ordinance also required that all official transactions(including councils and treaties) between the Superintendent for the Northern Districtand any Indian Nation were to be conducted at the nearest outpost occupied by UStroops.1787On July 13, the Congress adopted the Northwest Ordinance. This ordinance requiredthat all transactions with Indians be conducted in good faith. It stated that Indian landsand property would not be taken without consent and that Indian lands would not beinvaded or disturbed, unless Congress had authorized a “just and lawful war”. Theordinance also stated that laws founded in 􀀀 justice and humanity􀀀 would be made topreserve peace and friendship with Indians and to prevent wrongs from being done tothem.1789The Secretary of War's report of June 15th opposed the use of conquest against theIndian Tribes. The report noted there were less than 600 regular US troops stationed onthe frontiers and that Indian warriors along the Wabash River alone numberedapproximately 2000.The Department of War was established on August 7th . It was to be headed by theSecretary of War, who would be responsible for all Indian matters entrusted to him bythe President.On August 10th , President Washington reported to the Senate that troops had beenraised as authorized by Congress on October 20, 1786, and October 3, 1787. Thetroops were to protect the frontiers from hostile Indians, prevent intrusions on 􀀀 publiclands,􀀀 and facilitate the survey and sale of “public lands” to reduce governmentaldebt.1790 to 1795Military campaigns were conducted against the Miami Indians and other Tribes in whatis now Ohio and Indiana. In 1792, Congress doubled the size of the Regular Armyfollowing the defeat of Army and militia units in 1790 and 1791. In the last such defeat,1,000 Indiana Indians surrounded 1,400 soldiers under Major General Arthur St. Clair’sCopyright Ralph Reeser & Native American Technologies, Inc., 1999 Page 3command, killing 637 and wounding 263. In 1794, after more than four years of fighting,the Miami and other Indians were finally defeated by General Anthony Wayne and3,000 troops.1802On March 30, 1802, following the passage in 1790, 1796 and 1797 of temporarylegislation, the Congress enacted a permanent Indian Trade and Intercourse Act. TheAct authorized the President to employ military force to 􀀀 remove any non-Indianattempting to settle on Indian lands; apprehend any person found in Indian country inviolation of the provisions or regulations of the Act; and, when requested by civilauthorities, assist in the arrest of any violator of the Act who was found outside Indiancountry.1803During this year, the US completed the purchase of the Louisiana Territory from Francewithout regard for the rights of Indians living in the Territory.1810With the active support of British fur traders and the Canadian Governor, ShawneeChief Tecumseh organized a confederacy of Tribes on the NW frontier.1811Tecumseh's brother (“The Prophet”) was defeated by General William Henry Harrison inthe Battle of Tippecanoe. Local Indians joined the British in the War of 1812.1813General Harrison's troops killed Tecumseh in the Battle of the Thames at Ontario,Canada, resulting in the collapse of Tecumseh’s confederacy.1814General Andrew Jackson, with a force of 2,000 (and support from several hundredCherokee), defeated the Creek Nation at Horseshoe Bend, Alabama.1816On April 29th, legislation was enacted to supplement the 1802 Trade and IntercourseAct. It excluded the British from trading with Indians within the territorial limits of theUnited States by restricting trading licenses to US citizens (unless expressly directed bythe President). TheCopyright Ralph Reeser & Native American Technologies, Inc., 1999 Page 4law also prohibited foreigners from entering Indian country without a US passportissued specifically for that purpose, and authorized the use of military force to carry outthe Act.1818With a force including Creek Indians, Maj. Gen. Andrew Jackson invaded SpanishFlorida, after Seminole Indians from Florida had conducted raids into Georgia.Secretary of State John Quincy Adams sent an ultimatum to Spain that it either controlhostile Indians or cede Florida to the US. Florida was ceded in 1819 by a treaty whichalso set the western boundary of the area acquired by the US in the LouisianaPurchase. The treaty renounced US claims to Texas and effectively surrenderedSpain's claims in the Pacific Northwest to the US.1824The Secretary of War created the Bureau of Indian Affairs on March 11th .1825A military expedition was sent up the Missouri River to impress and “overawe” theIndians and negotiate peace treaties with them. The Treaty of Prairie du Chienestablished Indian land boundaries in the Northwest and was a precursor to the policyof Indian removal from the East.During this same time, a law was enacted to establish the Santa Fe Trail and secure,from the various Tribes, rights of passage for travelers.1827President John Quincy Adams advised Congress that surveyors authorized by the Stateof Georgia had trespassed onto Creek treaty lands, but he had decided not to useFederal military force to remove them, thereby avoiding conflict with State militia units.THE TIME OF REMOVAL, TEARS AND RESERVATIONSThe Removal Period exemplifies two branches of government having very differentideas about Indian policy. While the Supreme Court set the cornerstones for TribalSovereignty, Government-to-Government Relationship and Trust Responsibility,Congress passed laws to force Tribes to relocate and lose certain sovereign powers.Copyright Ralph Reeser & Native American Technologies, Inc., 1999 Page 51830President Jackson's policy increased use of the Military to force what had begun asvoluntary relocation of Indians to the west. After heated debate, the Congress passedthe Indian Removal Act of May 28th, authorizing the President to exchange lands westof the Mississippi River for Tribal lands within any state or territory and to “remove andrelocate” the Indians accordingly.Seeking a relocation site, Choctaw representatives, accompanied by an Army surgeonand a 14-man cavalry detachment, explored Indian Territory (mostly now Oklahoma).Subsequently, most of the Tribe relocated during 1831 to 1833. Although it began as ajoint civilian-military effort, in 1832, relocation tasks were turned over -- for the purposeof lowering costs -- to the Army, under the command of Captain William Armstrong andhis brother Major Francis Armstrong. Although final relocation costs totaled about $5million, the Government sold the Choctaw lands it had acquired for about $8 million.The Choctaw sued and won an award for the $3 million difference, most of which wasconsumed by lawyers’ fees and litigation costs.1831Georgia asserted the right of jurisdiction and title over Indian lands within its boundaries.Shortly thereafter, President Jackson removed all of the Federal troops which had beenprotecting Cherokee lands in Georgia. Jackson informed the Congress that States hadthe right to extend their jurisdiction to Indian lands. He said Indians could submit to theState or be removed to Indian Territory in the West.Beginning in 1831 and continuing through 1834, Captain Benjamin Bonneville,supposedly on a leave of absence from the Army, explored the lands surrounding theRocky Mountains and then traveled to California. Bonneville documented the strengthof each Tribe he encountered.1832In Worcester v. Georgia, a famous and precedent-setting decision, Supreme CourtChief Justice John Marshall declared Georgia’s laws null and void within the boundariesof the Cherokee reservation. Marshall concluded that the Tribe had “exclusivejurisdiction􀀀 within the boundaries of the reservation. Despite the fact that Worcesterv. Georgia has become a foundation of Indian jurisdictional law, there was no change inthe Government's forced removal policy in 1832.The Sauk and Fox Tribe, under the leadership of Black Hawk, attempted to recover theirlost lands in the Wisconsin and Illinois territories. They were defeated by the IllinoisMilitia, commanded by General Henry Atkinson.Hundreds of Creek Indians were removed by the military to Indian Territory.Copyright Ralph Reeser & Native American Technologies, Inc., 1999 Page 6The Act of July 9th authorized the President to appoint, with the consent of the Senate, aCommissioner of Indian Affairs. The Commissioner was to direct and manage all Indianaffairs and handle all matters involving Indian relations. The Commissioner was underthe direction of the Secretary of War.1834A more extensive Trade and Intercourse Act was enacted on June 30th. It expandedthe provisions of the 1802 and 1816 acts and continued the role of the military as anenforcer. The 1834 Act also banned liquor (other than military supplies) in Indiancountry.Another Act of June 30th created the Department of Indian Affairs. Basically, theDepartment was a reorganization of the Indian Affairs Field Force within the WarDepartment. The Act did not alter the authority of the Secretary of War or theCommissioner, nor did it alter the status of the Bureau of Indian Affairs in the WarDepartment. The Act also authorized giving military rations to Indians, under certainconditions, if the rations could be spared without injury to the Service.The Seminole Indians were ordered to leave Florida and move west of the MississippiRiver.1835The Second Seminole War began during this year, with great losses to the Army. InDecember, 330 of the 600 Regular Army troops in Florida were killed.The Army's Artillery School at Fortress Monroe was closed because the students wereneeded in Florida for action against the Seminoles.1836President Jackson advised Congress that discussions had been terminated with Mexicoconcerning that country's struggle with Texas. Mexican representatives had left thediscussions because Jackson authorized troops to enter Texas to protect against“Indian depredation”. Jackson also informed Congress that hostile portions of theSeminole and Creek Tribes required the active use of nearly the whole regular military,including the Marine Corps, as well as large number of Militia and volunteers.The weary, starving Creeks surrendered unconditionally before Spring and werespeedily removed west of the Mississippi. This made additional military forces availablefor action against the Seminoles in Florida.1837While meeting under a flag of truce, the Seminole Chief Osceola was captured andimprisoned by General Thomas Jessup. Osceola died three months later and wasburied with full military honors.Copyright Ralph Reeser & Native American Technologies, Inc., 1999 Page 71838The authorized size of the Army was increased from 7,000 to 12,000 Regulars.Army General John Wool requested reassignment in protest over the order for him tobegin the forced removal of 14,000 Cherokees from Georgia. Wool was replaced byGeneral Winfred Scott who arrived in Georgia with 7,000 men. Some 4,000+Cherokees died in the course of the “relocation” (forced march) to what is nowOklahoma.1842By the time the US terminated the Second Seminole War in 1842, some 10,000 ArmyRegulars and 30,000 volunteers had been involved in removing 3,800 Seminoles toIndian Territory. In the process, 1,500 American troops died in battle or from disease.The War had cost the Federal government $30 million, and the Seminoles remaining inFlorida never surrendered.1848The Commissioner of Indian Affairs reported that relocating the Pawnees on the PlatteRiver, as required under their 1833 treaty, would result in constant attacks by the Siouxas the Pawnees moved north into Sioux Territory. A US military force had been sent toprotect the Pawnee and to compel their removal to western territories. TheCommissioner reported that, if the Pawnees were not driven west, no reasonableamount of military force could prevent their extermination by the Sioux.1849The Act of March 3rd established the Department of the Interior. The Secretary of theInterior was given limited powers (in relation to the Secretary of War) in mattersconcerning the Commissioner of Indian Affairs.1850The Commissioner of Indian Affairs reported that the commanding officer at FortSnelling had been among those personally responsible for preventing a general warbetween the Sioux and Chippewa (Ojibwa).1851 and 1853In the Fort Laramie Treaty (1851) with the Northern Plains Tribes, and the Fort AtkinsonTreaty (1853) with the Southern Plains Tribes, the Tribes recognized the right of theFederal government to build roads and military posts within Tribal territories.1858Copyright Ralph Reeser & Native American Technologies, Inc., 1999 Page 8In his annual report, the Commissioner of Indian Affairs reported that the military hadbeen used to 􀀀 prevent the intrusion of improper persons upon the Indian lands;protect Indian Agents; and, control and keep Indians within their assigned limits. Hesupported the “experimental” program of concentrating and sustaining Indians on smallreservations as the best choice available. He stated that the settlement anddevelopment of historic hunting, fishing and gathering grounds made it impossible forIndians to subsist in their traditional manner, leaving them a choice of constant hunger(and often death by starvation) or subsistence by raids upon frontier settlements. TheCommissioner added that the size of the frontier made it impossible for the availablemilitary force to adequately guard against such raids.1861Several Tribes made treaties with the Confederated States, which voided their treatyrights with the United States. After the Civil War, these Tribes entered new treatieswith the United States. The terms of these new treaties were generally less favorable tothe Tribes than the terms of their previous treaties.1862In August, an uprising of Santee Sioux Indians in Minnesota resulted in the death of350 white people. In retaliation, 38 Indians were hung by Federal troops. PresidentLincoln advised Congress:‘How this outbreak was induced is not definitely known, and suspicions,which may be unjust, need not to be stated. Information was received bythe Indian Bureau from different sources about the time hostilities werecommenced that a simultaneous attack was to be made upon the whitesettlements by all the Tribes between the Mississippi River and the RockyMountains.”Later, it was determined that the uprising was due in part to the Indian Agent's decisionto withhold food rations until it was determined whether a cash annuity would be paid ingold or Civil War greenbacks.President Lincoln's September 20, 1862, letter to the Secretary of War stated:“I know it is your purpose to send the paroled prisoners to the seat ofIndian difficulties; and I write this only to urge that this be done with allpossible dispatch. Gen. Wood telegraphs that including those fromHarper's Ferry, there are now twenty thousand at Annapolis, [sic] requiringfour good unparoled regiments to guard them. This should not beendured beyond the earliest moment possible to change it. Arm them andsend them away as fast as the Railroads will carry them. Each regimentarriving on the frontier will relieve a new regiment to come forward.”Copyright Ralph Reeser & Native American Technologies, Inc., 1999 Page 91864The Massacre of Sand Creek occurred when Colorado troops under Colonel J.M.Chivington attacked the peaceful encampment of Black Kettle's and White Antelope'sCheyenne. The Cheyenne were camped at a site designated for them about 40 milesfrom Fort Lyon, Colorado.1865The Secretary of the Interior's introduction to the Annual Report of the Commissioner ofIndian Affairs for 1865 included the following statement:“On taking charge of this department on the 15th day of May last, therelations of officers respectively engaged in the military and civildepartments in the Indian county were in an unsatisfactory condition. Asupposed conflict of jurisdiction and a want of confidence in each other ledto mutual criminations, whereby the success of military operations againsthostile Tribes and the execution of the policy of this department wereseriously impeded. Upon conferring with the War Department, it wasinformally agreed that the agents and officers under the control of theSecretary of the Interior should have no intercourse, except through themilitary authorities, with Tribes of Indians against whom hostile measureswere in progress; and that the military authorities should refrain frominterference with such agents and officers in their relations with all otherTribes, except to afford the necessary aid for the enforcement of theregulations of this department.”The Doolittle Committee, a Joint Special Congressional Committee, was establishedwith the purpose of looking into activities within Indian Country.Copyright Ralph Reeser & Native American Technologies, Inc., 1999 Page 101866The Army’s construction of a road from southern Wyoming to Montana along theBozeman Trail precipitated the formation of a war party among the Sioux.1867The report of the Doolittle Committee, entitled Condition of the Indian Tribes, waspublished in January. Based on information gathered from Army officers and civilianswith significant “Indian” experience, the report concluded that most Indian hostilitiescould be traced to the aggressive actions of “lawless white men”. The report concludedthat Indian wars often became wars of extermination, and the Committee opposed thetransfer of the Indian Bureau back to the War Department.1867An Indian Peace Commission was created by the Act of July 20th. The Commissionconsisted of three Army Generals, the Commissioner of Indian Affairs, the Chairman ofthe Senate Indian Affairs Committee and two others. Their mission was to meet withthe leaders of the Tribes at war with the United States to learn the reasons for thehostilities. The Committee was directed to make peace treaties with the Tribes to 􀀀establish security for the construction of railroads to the Pacific coast and 􀀀 establishpermanent reservations for the Tribes.If the Commission failed to secure peace, or if the Indians didn’t move to reservations,the Secretary of War agreed to pay for the services of up to 4,000 mounted volunteerunits from the States/Territories. These units were to be used to suppress and/orremove the Indians.During this year, the United States also purchased Alaska from Russia, giving noconsideration to Native rights.1868The Indian Peace Commission reported to the President that poor treatment of Indiansby “white people” was the major cause of Indian hostilities. As the 1867 DoolittleCommittee report had, the Peace Commission questioned whether the Bureau of IndianAffairs should be in the War Department or the Department of Interior. The Commissionrecommended removing many corrupt agents and superintendents. It alsorecommended that the Indian Bureau be made an independent agency.The Commission also recommended that no State or Territorial governor or legislaturebe allowed to wage war against Indians. Several disasters from such state action werecited. They included the Commission’s charge that:􀀀 Colorado troops had caused the 1864-1865 war with the Cheyenne and thebutchery at Sand Creek; andCopyright Ralph Reeser & Native American Technologies, Inc., 1999 Page 11􀀀 Montana troops in 1867 would have involved the United States in an almostinterminable war with the Crow Nation, if not for the timely intervention ofFederal military authorities.The Commission concluded that, if there must be Indian wars, “... they should be carriedout by the regular army whose officers are generally actuated by the loftiest principles ofhumanity, and the honor of whose profession requires them to respect the rules ofcivilized warfare.” The Commission also recommended that US Military authorities bedirected to remove white persons trespassing on Indian reservations and uncededIndian lands.On April 29th, the Sioux and their allies signed another Treaty at Fort Laramie. ThisTreaty required the President to detail an Army officer to inspect and report on thequantity and quality of, and the manner in which US goods were delivered to theIndians. The Treaty also required that the military posts north of the North Platte Riverand east of the Big Horn Mountains be abandoned and roads connecting them to theMontana Territory be closed. Additionally, no whites were allowed in the Black Hillswithout Sioux consent.Shortly after the implementation of the Treaty, Lt. Col. George Custer and the 7thCavalry attacked the Cheyenne village of Black Kettle, killing more than 100, capturing50 women and children, and killing some 900 ponies.In November, the annual report of the Secretary of War recommended that themanagement of Indian affairs be completely restored to the War Department. TheSecretary said such transfer would be cost-effective and would provide more efficientprotection to the frontier settlements. He also said the transfer would improve justice tothe Indians.Also in November, the Commissioner of Indian Affairs recommended against thetransfer of Indian Affairs back to the War Department. His reasons included thefollowing:• “The prompt, efficient, and successful management of Indian affairs is too large,onerous, and important a burden to be added to the existing duties of theSecretary of War;• “The transfer would create a necessity for maintaining a large standing army inthe field;• “The true policy towards the Indians is peace and the proposed transfer istantamount to perpetual war;• “Military management of Indian affairs was tried for 17 years and was proven afailure and must always prove a failure;• “It is inhuman and unchristian to destroy a whole race by such demoralizationand disease as military government is sure to entail upon our Tribes;• “The conduct of Indian affairs is incompatible with the nature and objects of themilitary department;Copyright Ralph Reeser & Native American Technologies, Inc., 1999 Page 12• “The transfer will be offensive to the Indians and injurious to the whites;• “The January 7th report of the Peace Commission unanimously recommendedthat Indian affairs should be placed upon the footing of an independentdepartment or bureau;• “The methods of military management are utterly irreconcilable with the relationof guardian and ward (Trust Responsibility);• “The transfer will entail a large increase of annual expenditure; and• “The presence in peaceful times of a large military establishment in a republicalways endangers the supremacy of civil authority and the liberties of thepeople.”The Commissioner recommended that Indian Affairs be an independent department or,at least, be left in the Interior Department.1869General William Tecumseh Sherman took command of the US Army in the West. The􀀀 West􀀀 command included 14,000 soldiers in an area that extended from Texas toNorth Dakota and fro Kansas to California.The November annual report of the Secretary of the Interior defined a new policy forchoosing Indian agents. All of the Tribes in Nebraska and Kansas, and some of thoserecently placed on reservations in Indian territory, were placed under the control ofmembers of the Society of Friends (Quakers). Other Indian agents were Army officerswho were detailed for such duty and most of whom were awaiting orders because ofnew laws which were reducing the size of the regular army. These Army officers wereon pay but not on duty, so the government could save the salaries that would have hadto be paid to civil officers. The Secretary reasoned that using the Army officers wasalso appropriate because “.. they were public servants whose integrity and faithfulnesscould be relied upon and with whom the public were prepared to have confidence.”In November, the Board of Indian Commissioners published a scathing report (for thetimes) that stated some of the highest military officers in the US had testified to theeffect that, in all the Indian wars, almost without exception, the first aggressions hadbeen made by the white man. The Board also stated that the assertion by these officerswas supported by every civilian of reputation who had studied the subject.The Board also stated that there was a large class of supposedly reputable men whoused every means in their power to bring on Indian wars, for the sake of the profit theycould realize from the expenditure of government funds and the presence of troops intheir midst.Copyright Ralph Reeser & Native American Technologies, Inc., 1999 Page 13These men proclaimed the inhuman idea that Indians are only fit to be exterminated,and the Board urged that every effort be taken to keep the Military from being influencedby these men.The Board pointed out that inexperienced officers, ambitious for distinction andsurrounded by these influences, had been incited in the past to attack Indian bandswithout adequate cause, thereby involving the US government in unjust wars. TheBoard stated that, in the future, such blunders would cost an officer his commission andthat 􀀀 such distinction is infamy.􀀀 The report also noted that soldiers sent to protectthe Indians often carried both disease and demoralization into their midst.1870The Act of July 15th prohibited the appointment of military officers to civil posts unlesstheir commissions were vacated. Certain exceptions relating to Indian affairs wereprovided for in 1879, 1882, 1892, and 1898.President Grant's December 5th Second Annual Message to Congress stated that theexperiment of giving responsibility for a few reservations to the Society of Friends wassuccessful. He said that, since military officers were no longer eligible for appointmentto Indian posts because the posts were civil offices, he would turn responsibility forIndian reservations over to those religious denominations that had previouslyestablished missions among the Indians. In addition, other denominations would beconsidered for such responsibility if the would undertake the work on the same terms,i.e., as missionary work.ALLOTMENT & ASSIMILATIONIn the late 19th and early 20th centuries, the Government decided that Tribalgovernments were really unnecessary and that Indians should be given the same rightsand privileges as other citizens. One major way to accomplish this was to give Indianland to Indian individuals. Congress believed that the Indians would farm the land,become typical landowners, and assimilate into American society. (Individual AllotmentActs were passed before 1887.)The General Allotment Act (Dawes Act 24 Stat. 388) gave 160 acres to the head of thefamily and 80 acres to others in the family. Twice that amount was allotted if the landwas suitable for grazing. Later, the amounts were reduced. The land was held in trustfor 25 years, while the Indians learned to manage their affairs. After that time, the landconveyed to the allottee in fee, free of encumbrances and subject to taxes. The Actalso authorized the Secretary to negotiate with the Tribes for disposition of all􀀀 excess􀀀 lands remaining after allotments. This land was used for the settlement ofnon-Indians.Copyright Ralph Reeser & Native American Technologies, Inc., 1999 Page 14Indians who received allotments became citizens of the United States, subject to Stateand local criminal and civil laws, but enjoying the protection of these laws as well.(Thirty-seven years later, the Indian Citizenship Act of 1924 made all Indians citizens ofthe United States.)1871General William Tecumseh Sherman issued orders forbidding Indians from leavingreservations without permission of the Indian agents.One hundred non-combatant Apaches were massacred at Fort Grant in Arizona, whichresulted in a war with the Apache in New Mexico.Kiowa raiding parties from Indian Territory crossed into Texas. Gen. Sherman hadtheir three leaders arrested at Fort Sill. One was later killed trying to escape and theother two were tried and imprisoned for two years.1872The Commissioner of Indian Affairs reported that, in the year preceding the Act of July15, 1870, all superintendents and Indian agents, except those for Kansas andNebraska, were Army officers. Subsequently, the officers were replaced with personsnominated by religious and missionary societies. The Commissioner defended thepolicy of restricting Indians to reservations as reducing the potential for military conflict.This was necessary, he said, because a general Indian war could not be waged with thethen reduced US military force. The Commissioner concluded that the reservationsystem, combined with the feeding system, dramatically reduced occasions forconfrontation by lessening the points of contact. He also noted that the combinedsystem meant “that the number of Indians available for hostile expeditions involvingexposure, hardship, and danger is so diminished through the appeal made to theirindolence and self-indulgence, that the Army in its present force is able to dealeffectively with the few marauding bands which refuse to accept the terms of theGovernment”1873Some 120 Modoc Indians led by Captain Jack held out in California lava beds againstover 1,000 troops. They were finally dislodged by artillery bombardment, and CaptainJack and two other leaders were hanged. The remaining Modoc were forcibly removedto Indian Territory.Copyright Ralph Reeser & Native American Technologies, Inc., 1999 Page 151874By Spring, Col. George Custer had lead the 7th Cavalry into the Black Hills andconfirmed reports that gold had been discovered.On September 26th , Col. Randal McKenzie's 4th Cavalry found a large village ofComanches, Kiowas, Cheyenne and Arapahos who had left their reservation becausethey were starving. The Indians were encamped to hunt for buffalo in hopes of fendingoff starvation. The village, including all of its horses, was destroyed. Survivors wereforced to return to the Reservation because winter was approaching.1875More than 15,000 gold seekers poured into the Black Hills in complete violation ofIndian rights and the 1868 Treaty of Fort Laramie. President Grant secretly ordered theArmy not to enforce those rights and the Treaty. He then sent a “commission” to use“all necessary means” to get the Indians to relinquish the Black Hills.The Indian Commission went to the Court of Claims to protest the taking of the BlackHills from the Sioux. The Court upheld the charge that the government had beenneither fair or honorable in its dealings. The court remarked upon President Grant'sduplicity in breaching the Government's treaty obligation to keep trespassers out of theBlack Hills. It also reprimanded the government for practicing an unconscionablepattern of duress by refusing food, etc., to the starving Sioux to get them to agree to thesale of the Black Hills. The Court of Claims concluded: "A more ripe and rank case ofdishonorable dealings will never, in all probability, be found in our history.”Quanah Parker, leading a force of Comanche, Kiowa and Cheyenne forces, wasdefeated by US Army troops and taken to Fort Sill.1876In a January 19th letter to the Chairman of the House Indian Affairs Subcommittee,General Sherman recommended that Indian Affairs be transferred back to the WarDepartment, that the duties of the agents and superintendents be assigned to militaryofficers and that the head of the Office be a military officer. General Shermanpersuaded Congress to place reservations in troubled areas under the absolute controlof the Army. Indian agents were replaced with Army officers, who treated all Indians aspotentially hostile. Weapons, ponies, ammunitions and other personal belongings wereconfiscated, and many men (whether or not they were hostile) were held as prisoners ofwar.General Sherman was authorized to commence operations against the 􀀀 hostileSioux.􀀀 General Crook and his troops were defeated at the Battle of Rosebud byIndians under Sitting Bull and Crazy Horse, and Lt. Col. George Custer and his 7thCavalry were defeated at the Little Big Horn by Indians led by Crazy Horse.Copyright Ralph Reeser & Native American Technologies, Inc., 1999 Page 16President Grant signed a bill that forbade payment of a single penny of the year’sappropriations (1 million dollars for food alone) to any branch of the Sioux engaged inhostilities, even if most of the branch kept the peace. In addition, with the penalty thatall future appropriations would be withheld, the bill required that the Sioux cede much oftheir existing territory and agree to railroad rights across their remaining land.Facing 􀀀 surrender or starve􀀀 conditions, a delegation 29 Sioux and 5 Cheyenneleaders were forced to 􀀀 touch the pen􀀀 and agree to the harsh terms imposed uponthem. The signers did not include Sitting Bull, Crazy Horse and other champions ofresistance.1877Crazy Horse acknowledged defeat in May and led his Oglala Sioux and their Cheyenneallies to the Red Cloud Agency in Wyoming. Later that year, responding to unconfirmedrumors that Crazy Horse was plotting trouble, soldiers were sent to lock him up. Thegreat war chief resisted, and he was bayoneted to death.After the destruction of his camp at Redwater Creek by troops under the command ofColonel Nelson Miles, Sitting Bull took his remaining people to Canada.Some 750 Nez Perce who had been forced from their homeland fled 1700 miles beforebeing stopped by the US Army, just short of the Canadian border. The Nez PerceChief, Joseph, earned the respect of several of his pursuers and was considered atactical genius by many of the officers who fought against him. Until cold, starvationand illness forced him to surrender, he was able to successfully beat back severalthousand Army forces with less than 200 warriors.The November 1st annual report of the Commissioner of Indian Affairs recommendedexpanding the use of Indian police, contending that this would relieve the Army of policeduty on Indian reservations. (Police units composed of Tribal members wereestablished at most agencies by 1885.)Some 90 Cheyenne men and more than 200 women and children left Indian Territoryintending to return to Montana. After several clashes, captures and escapes, theremaining members of the group (33 men and 81 women and children) were capturedwithout a fight.Copyright Ralph Reeser & Native American Technologies, Inc., 1999 Page 171878The Bannock, Paiute and other Indians of southern Idaho, starving and dispirited, lefttheir reservations in an attempt to re-establish their traditional way of life. They werecaptured and subdued by the 21st Infantry, 4th Artillery and 1st Cavalry by September1879.1879On May 12th, the US Circuit Court for the District of Nebraska held (in Standing Bear v.Gen. George Crook) that an Indian was a person under the laws of the US. The rulingalso stated that there was no Congressional or Treaty authority that authorized theCommissioner of Indian Affairs or the Army to force the Ponca Tribe to return to IndianTerritory. On the other hand, the Court also ruled that, in time of war, the Army couldremove the Ponca (as enemy aliens) to a place of safety. Removal, however, was onlyfor the duration of the war unless the removed individuals were charged with somecrime.Some 200 men of the 5th Cavalry and 4th Infantry, dispatched to aid the Ute IndianAgent at White River, Colorado, were attacked by more than 300 Utes. The Agent andmost of his staff were killed. It took several thousand troops to 􀀀 pacify􀀀 the rebelliousUtes, who capitulated in November 1880.1882In early winter, the US Navy shelled the Alaskan Native village of Angoon, burning itand its food stores. The aggression was undertaken to support a whaling companyinvolved in a dispute with the village over the accidental death of a villager in thecompany's employ.1883On October 27th, William Tecumseh Sherman noted in his final report as General of theArmy that he regarded the Indian problem as substantially eliminated. Shermanindicated that the recent completion of the last of four great transcontinental railwaylines had settled forever the Indian question.Sitting Bull was a guest of honor at the opening of the Northern Pacific Railroad. Whenhe spoke, he reportedly said that white people were thieves and liars and they hadtaken away the Indians land and made them outcasts. The Army translator told thecrowd that he said how happy he was to be there and that he looked forward to peaceand prosperity between Indians and white people.Copyright Ralph Reeser & Native American Technologies, Inc., 1999 Page 181886Geronimo and his band of 24 Chiricahua Apaches were hunted by General NelsonMiles and 5,000 soldiers. After Geronimo’s surrender, he and all Chiricahua Apaches,including those who assisted the Army as scouts to help find Geronimo, were sent asprisoners to Ft. Marion, Florida. There, in a short time, more than a hundred died. Thechildren were sent to the Carlisle Indian school in Pennsylvania, where more than 50died within the first few years of their arrival.1890Listening to unfounded rumors that Sitting Bull (now an old man, tired of fighting) wasplotting another resistance, troops were dispatched to the Standing Rock Agency. OnDecember 15, Sitting Bull was killed while being arrested.Dismayed by Sitting Bull’s death and the approach of troops, the Sioux leader Big Footand his band of 350 people, most of them peaceful Ghost Dancers, fled the CheyenneRiver Agency and headed for the Badlands to await the fulfillment of Ghost Danceprophecies. The 7th Cavalry pursued. When the 7th caught up with them on December28th, the Indians surrendered. On December 29th, surrounded by 470 soldiers at theircamp on Wounded Knee Creek in South Dakota, they were ordered to give up theirguns. One of the Sioux grappled with a soldier trying to disarm him, and his weapondischarged into the air. Shooting erupted and the band tried to flee in terror. Whatfollowed was a massacre that claimed the lives of 200 Indian people, mostly women,children and elderly, many of whom were shot in the back.1892The Act of July 13th included a provision requiring the President to detail Army officersto act as Indian agents (under the orders and direction of the Secretary of the Interior) atall Agencies where vacancies occur. Exceptions were allowed where the Presidentdetermined that the public would be better served by the appointment of a civilian.Geronimo and most of the other Chiricahua Apache prisoners of war were transferredfrom Florida to the Mount Vernon Barracks in Alabama.1894Geronimo and the surviving Chiricahua Apache prisoners of war were transferred to Ft.Sill in Oklahoma.Copyright Ralph Reeser & Native American Technologies, Inc., 1999 Page 191897By agreement with the Kiowa Comanche and Kiowa Apache, some 27,000 acres ofKiowa, Comanche and Apache Reservation were added to the Fort Sill MilitaryReservation. These lands were to be used exclusively for military purposes and for thepermanent location Apache prisoners of war.1901Geronimo, still a prisoner of war, was sent to Washington, D.C. to ride in PresidentTeddy Roosevelt's inaugural parade.1906Utes left their reservation and raided the Wyoming countryside until forced back ontothe reservation by the 6th and 10th Cavalry.1909Geronimo dies, still a prisoner of war after 23 years.1914The Indian Affairs Appropriations Act allocated $100,000 for continuing the relief andsettlement of the Apache prisoners of war held at Fort Sill. The prisoners were to beresettled in Oklahoma, on land selected by the Secretary of the Interior and theSecretary of War. Those lands would then be made subject to the general allotment actof 1887, as amended.1915The Indian Affairs Appropriations Act made prisoner of war appropriations from theprevious year available until expended.1917The Indian Affairs Appropriations Act of 1917 allocated:• $75,000 for beginning construction of a dam and related facilities for irrigatingIndian land and allotments on the Gila River Reservation, AZ, as recommendedby the US Army Board of Engineers;Copyright Ralph Reeser & Native American Technologies, Inc., 1999 Page 20• $75,000 for beginning construction of a dam and related facilities to divert waterfrom the Gila River above Florence, AZ, as estimated by the US Army Board ofEngineers; and• $9,533.38 of unexpended, prior appropriations for purchasing allotments for threeformer Apache prisoners of war who had been held at Fort Sill and who had notreceived allotments.The Act of March 4th, authorized pensions to survivors of certain Indian wars between1859 and 1891.1919The Indian Affairs Appropriations Act for 1919 allocated funds for the Indian Service tocomplete construction of the Gila River dam and related facilities.The Act of February 28th authorized the City of San Diego to condemn lands belongingto the Capitan Grande Indian Reservation for dam and reservoir purposes. The citywas required to sell the water at cost to the War and Navy Departments for military ornaval installations in that vicinity.The Act of November 6th granted US citizenship to any Indian who had servedhonorably in the Military (including the Navy) against Germany. Granting US citizenshipwould not impair individual Indian property rights.1920Section 22 of the Indian Affairs Appropriations Act authorized and directed theSecretary of War and the Secretary of the Interior to immediately investigate theadvisability and necessity of acquiring some 3,200 acres of allotted Nisqually Indianlands in Pierce County, Washington to increase the size of the military’s Camp Lewis.Subsequently, the lands were awarded by a State court decree as 􀀀 lands in fee􀀀 to theCounty, who then transferred title to the War Department.1922The Apache were still confined as prisoners of war at Fort Sill. The Act of September21st authorized their continued subsistence and purchase of land for their settlement.The lands were to be selected jointly by the Secretary of the Interior and the Secretaryof War.Congress appropriated $5,000 from Rosebud Sioux Tribal funds to erect a monument,under the supervision of the Secretary of the Interior, to Tribal members who gave theirlives for their country in WWI.1923Copyright Ralph Reeser & Native American Technologies, Inc., 1999 Page 21Funds, in the amount of$42,500, were appropriated (as authorized by the Act ofSeptember 21, 1922) for relief of, and purchase of lands for certain Apache prisoners ofwar at Fort Sill.1924The Act of April 28th authorized the Secretary of Interior to disburse $85,000 to settle theclaims of 25 heads of families on the Nisqually Reservation, Washington. This wasadditional compensation for more than 3,200 acres of allotted Indian land taken formilitary purposes. The appropriation included compensation for the surrender of treatyrights and removal expenses. An unexpended balance was later used to remove andrebury remains from the old Nisqually cemetery.Legislation was enacted to recognize all Indians as US citizens.1926The Interior Department was appropriated $25,000 of Osage Tribal funds to erect amonument on the Osage Reservation as a memorial to Tribal members who gave theirlives for their country in the recent war with Germany.The Act of April 14th authorized $2,500 for the Secretary of the Interior to acquire, bycondemnation or otherwise, up to 160 acres on the site of the battle between SiouxIndians and the commands of Major Marcus Reno and Major Frederick Benteen. Amonument and historical tablet were to be erected.The Act of July 3rd authorized the Navy to transfer unneeded property to the InteriorDepartment to be used at the Sante Fe Indian school.INDIAN REORGANIZATION AND PRESERVATION OF TRIBESThe Merriam Report, released in 1928, concluded that the allotment policy wasdevastating for Tribal governments and individuals. Ninety (90) million acres of Indianland was lost between 1887 and 1934 and the Indian population was not assimilated oreconomically improved. During the period of Indian Reorganization, legislation waspassed to put Tribal land back into trust and to provide assistance to strengthen Tribalgovernments. However, for the DoD this was a period of taking Indian lands for damsand building memorials to US and Indian wars and the removal of Indians from theirhomelands.Copyright Ralph Reeser & Native American Technologies, Inc., 1999 Page 221928Federal land at the site of the battle between Nez Perce Indians and the command ofNelson A. Miles as was designated the “Chief Joseph Battle Ground of the Bear's Paw.”1930The Act of April 7th stated that military service in the Indian wars from 1817 to 1898counted as residence and cultivation time, for purposes of the homestead laws. Thisbenefit was later extended to widows and orphans of such veterans by the Act of March3, 1933.Five thousand dollars was appropriated to the Secretary of the Interior to pay retiredMaj. Gen. Hugh L. Scott and his Indian assistants to make a permanent film record ofthe theory, history and practice of American Indian sign language.In the Supplemental Appropriations Act, Congress appropriate $3,045 to compensateCrow Indians for Tribal and allotted lands taken by Executive Order in 1886 as a site forthe Custer Battle Field National Cemetery.In three separate acts, Congress authorized funds to erect monuments tocommemorate American Indian history. They included:• $2,500 for a marker or historical tablet on the site of the battle between NezPerce Indians under Chief Joseph and the command of Nelson A. Miles.• $1,500 for a monument on the Cheyenne River Reservation to commemorate thedeceased chiefs of the Cheyenne River Sioux and the servicemen of that Tribewho died during WWI.• $2,500 to the Secretary of War for a suitable marker at New Echota, the lastcapital of the Cherokee Nation prior to the Tribe’s removal to Indian territory.1932Funds authorized in 1930 for the Nez Perce and Cheyenne River Sioux monumentswere appropriate to the Interior Department.1938Congress appropriated $35,000 to commemorate certain Civil War battles and the 100thanniversary of the removal of the Cherokee Nation from Tennessee.Copyright Ralph Reeser & Native American Technologies, Inc., 1999 Page 231941American Indian men were required to register for the draft, even though Indians werenot allowed to vote in some states.1942Congress transferred more than 900,000 acres of Native lands in Alaska and on 16Indian reservations to the military for use as air bases, gunnery ranges, nuclear testsites, training installations or internment camps for Japanese Americans. Sioux whoresided on 300,000 acres of the Pine Ridge Reservation were paid 75 cents an acreand given 30 days to move. Alaskan Natives and Native Aleuts were given similarmoving deadlines but were typically not compensated. Some Native Aleuts were placedin “holding areas,” similar to internment camps, since it was believed they might colludewith the enemy; no non-native was “held.”1944The Flood Control Act of 1944, which would have significant consequences to localTribes, authorized the Army Corps of Engineers to establish a comprehensive floodcontrol plan along the eastern border of the Cheyenne River Reservation.1945The War Department Civil Appropriations Act authorized the Secretary of War toinstitute proceedings to condemn the Osage Tribe's mineral rights on land the Federalgovernment wanted for the Hulah Dam and Reservoir project. The condemnationprocess allowed land to be taken without compensation.1947The War Department Civil Appropriations Act prohibited the Secretary of War to usefunds appropriated for construction of Garrison Reservoir dam until certain conditionswere met. Those conditions included selecting and offering land to the Three AffiliatedTribes. The land was to be comparable in quality and size to acreage on the FortBerthold Reservation that would be inundated by the dam.1948The War Department Civil Appropriations Act appropriated $5.1 million to acquire landsand rights from the Three Affiliated Tribes at Fort Berthold (ND) for the GarrisonReservoir, fund contract negotiations with the Tribes, and fund litigation by the Tribes inthe Court of Claims. The resultant contract was subject to the approval of a majority ofadult Tribal members.Copyright Ralph Reeser & Native American Technologies, Inc., 1999 Page 241949The Act of October 29th provided that, if the Three Affiliated Tribes approved the Actwithin six months, the funds appropriated in 1948 would be made available. Anadditional $7.5 million would also be provided.1950The Act of September 30th authorized the Army Chief of Engineers, with the Secretaryof the Interior, to negotiate separate settlement contracts with the Cheyenne RiverSioux (SD) and the Standing Rock Sioux (SD & ND). The contracts, which were forlands and rights required for the Oahe Dam and Reservoir, were subject to ratificationby a majority of the adult Tribal members. However, nothing in the Act restricted thedam’s construction and completion and, consequently, the land could be taken andconstruction could begin before settlements had been agreed upon with the Tribes.POLICIES OF TERMINATION AND RELOCATIONFederal Indian policy returned to assimilation. Federal programs established to promoterelocation from reservations to urban areas and to terminate reservations and Tribalgovernments. Most of the direction for DoD’s dealing with Indian Tribes came fromCongress through appropriation acts.1953Congress decided it wanted “... as rapidly as possible to make the Indians within theterritorial limits of the United States subject to the same laws and entitled to the sameprivileges and responsibilities as are applicable to other citizens of the United States.”Over100 Tribes were 􀀀 terminated􀀀 and made subject to State laws. Most of theterminated groups were small Tribes or bands, with the exception of the Menominee ofWisconsin and the Klamath of Oregon. The terminated Tribes’ land was converted intoprivate ownership and, most often, sold. The Bureau of Indian Affairs established itsRelocation Program, which encouraged Indians to leave the reservation and seek jobsin urban areas. Thousands relocated to cities across the country.Copyright Ralph Reeser & Native American Technologies, Inc., 1999 Page 251954The Public Works Appropriations Act authorized compensation by the Army Corps ofEngineers to Tribes and other Indians whose fishing rights and interests would beimpaired by the construction, operation and maintenance of the Dalles Dam on theColumbia River. Similar provisions were included in subsequent Acts.The Cheyenne River Act provided $10,644,014 for the Cheyenne River Sioux Tribes inexchange for 104,420 acres of land taken for the Oahe Dam and Reservoir projects.Compensation was for loss of wildlife, loss of revenue from grazing permits, negotiationcosts, and the costs of “complete rehabilitation” of all resident Tribal members and therestoration of Tribal life.1956The Public Works Appropriations Act authorized the Army Corps of Engineers torelocate Indians living in the Dalles Dam project area.1957The Seneca Nation of New York opposed the loss of 10,000 acres of their land to ArmyCorps of Engineers for the Kinzua Dam project. The Senecas hired their own engineersand proved that the dam could be built more effectively 30 miles downstream. TheCorps of Engineers would not consider the alternative. When relocating a Seneca town,the Federal Government gave the best lots to Christian Senecas and saved the mostisolated lands for the Handsome Lake Senecas, followers of the Longhouse religion,who were most vocal in opposing the dam.1958Although the Miccosukee Indians of Florida were opposed to projects for Evergladesreclamation and the straightening of the Kissimmee River, the Army Corps of Engineersproceeded with the projects.Buildings acquired by the Army Corps of Engineers on the Crow Creek Reservation, inconnection with the Fort Randall Dam and Reservoir project (in South Dakota), weretransferred back to the Tribe by Congress.Congress also authorized additional compensation to certain Sioux who suffereddamages as a result of an aerial gunnery range established on the Pine RidgeReservation in South Dakota.Copyright Ralph Reeser & Native American Technologies, Inc., 1999 Page 261962PL 87-735 ordered the Secretary of the Army to pay for allotted and Tribal land on theCrow-Creek-Sioux Reservation that the Corps of Engineers needed for the Big BendDam and Reservoir Project on the Missouri River. It also required that the Secretary ofthe Army bear the cost for (1) social and economic development of Tribal membersdisplaced by the project; (2) the relocation and re-establishment of Indian cemeteries,Tribal monuments and shrines; (3) the protection, replacement, relocation orreconstruction of existing essential facilities on the reservation (schools, hospitals,roads, bridges, governmental agencies, etc.) If these facilities were affected by the BigBend project; and (4) developing a 50-home townsite with a fully developed utilityinfrastructure.A RETURN TO TRIBAL SELF-DETERMINATIONThe official Federal policy of assimilating American Indians into the general populationby terminating Tribes and relocating thousands to urban areas was judged a dismalfailure. Congress, the Administration and the Courts recognized the multitude ofproblems caused by two decades of assimilation policy. To repair the damages,measures were enacted from 1968 - 1982 to support Tribal Governments. Mostterminated Tribes were reinstated.President Richard Nixon’s Indian Policy stressed the continuing importance of the trustrelationship and urged the development of programs that gave Tribes maximumautonomy in managing their own affairs. Nixon also acknowledged Tribal governmentsas permanent fixtures in Indian society and culture, and he repeatedly supportedconsulting and strengthening these governments. As a result, this era created severalnew laws and policies that affect relations between all Federal agencies and Tribalgovernments.1969The Army officially adopted a policy (AR 70-28, dated 4 April 1969) of naming Armyaircraft after Indian Tribes, chiefs or artifacts. A list of choices was obtained from theBureau of Indian Affairs. This policy is still in effect.1971Following the discovery of oil on its North Slope, Alaska leased lands to private oilcompanies for more than 1 billion dollars in fees. Native people, organized as the ArcticSlope Association, sued the State. The Association claimed that Native land rights hadbeen violated when Alaska leased land that the Inuit (Eskimo) had occupied, used and“exercised dominion over” for centuries. The Alaska Native Lands Settlement Act(ANSCA) was passed to settle this and other Native claims. ANSCA extinguishedaboriginal land, hunting and fishing claims. Alaska Natives received 44 million acresand 962 million dollars in compensation for giving up claim to 90% of Alaska. TheCopyright Ralph Reeser & Native American Technologies, Inc., 1999 Page 27settlement land was divided between 220 newly created village corporations and 12regional corporations. The corporations were established for the purpose of conductingfor-profit business under State law, thus bypassing Tribes. There was a 20-yearrestriction on stock alienation, which was extended in 1988.ANSCA authorized the Secretaries of Interior, Defense and Agriculture to exchangeland under their jurisdiction in Alaska for land belonging to Village Corporations,Regional Corporations, individuals or the State. Lands could be exchanged forconsolidation or to facilitate the management and/or development.The River Basin Monetary Authorization Act authorized the Army Chief of Engineers toconstruct dikes to prevent shoaling near an irrigation pumping plant's Missouri Riverintake on the Fort Peck Indian Reservation in Montana. The Bureau of Indian Affairswas charged with obtaining the land, easements, and rights-of-way. It was alsoresponsible for maintaining the project after its completion. The Act also authorized$800,000 for commitments made in 1962 to Tribes surrounding the Big Bend Reservoirproject. In addition, the Secretary of the Interior could reimburse Tribes up to $22,500for all attorneys' and engineering fees and Tribally-incurred expenses for obtaining andimplementing legislation to remedy difficulties arising in connection with the Corps'project.1973The Head of the Army's 82nd Airborne Division was called in preparation for an assaulton the Indians occupying Wounded Knee, site of the 1890 massacre by the 7th Cavalry.1976The Alaska Native Claims Settlement Act's land exchange provision was amended (see1971) to include Native selection rights. The Act was extended to all the Nativecorporations established under ANCSA, and the purposes of the exchange werebroadened to “other public purposes.”The Water Resources Development Act directed the Army Chief of Engineers to surveythe Navajo Reservation (which includes parts of Arizona, New Mexico and Utah) tomake recommendations for flood control. The Act also authorized a plan for removingand disposing of debris and obsolete buildings resulting from WWII military constructionin the vicinity of Metlakatla and Annette Island in Alaska. The Army was also directed tomake recommendations to restore the area to its natural condition.The Resource Conservation and Recovery Act authorized a study by Presidentiallyappointed agencies (including DoD) to determine the best methods for removing solidwaste from Federal lands in Alaska. Personnel conducting the study were to consultwith representatives of the State of Alaska and the appropriate Native organizations.Copyright Ralph Reeser & Native American Technologies, Inc., 1999 Page 281978Congress authorized the Coast Guard to enter into a long term lease to acquire a siteon the Quileute Indian Reservation (Washington) for relocation of the Quileute RiverCoast Guard Station. Relocation of the station to the reservation town of La Push wascompleted in 1980.Even though freedom of many traditional Indian religious practices continued to beprohibited, religion was a guaranteed right to US citizens. In 1978, the American IndianReligious Freedom Act (AIRFA), established official Federal policy that the governmenthad a responsibility to protect and preserve the inherent right of American Indians tobelieve, express and exercise their traditional religions. This included, but was notlimited to, access to sites, use and possession of sacred objects and the freedom toworship through ceremonies and traditional rites. Federal agencies/departmentsresponsible for administering relevant laws were directed to evaluate their policies andprocedures in Consultation with traditional American Indian leaders. Through thisConsultation, the agencies/ departments were to determine the changes necessary toprotect and preserve Native American religious cultural rights and practices. Althoughthere were no mechanisms to enforce the intent of this Act, nor did the Act give legalrecourse to Tribes, it did form the basis of some of the early Resource ProtectionAgreements between branches of the Armed Forces and American Indian Tribes.1979The Archaeological Resources Protection Act (ARPA) required that a Federal landmanager (including the DoD) give notice to each affected Tribe before issuing a permitfor excavation or removal of any archaeological resource, if that excavation or removalwould harm or destroy any site having religious or cultural importance to the Tribe. TheSecretary of DoD was to consult with Tribes and other knowledgeable persons anddevelop regulations that took into account ARPA and AIRFA requirements.1981Congress authorized the Secretary of the Army to acquire from the Osage Tribe anyavailable mineral interests needed to construct, operate and maintain Skiatook Lake.THE TIME OF SELF-GOVERNANCEIn keeping with the move toward encouraging Tribal self-determination, the years from1982 until the present have seen a resurgence of the authority of Tribal governments.As American Indians have successfully exercised their right to self-governance, moreand more Tribes are divesting themselves from reliance on Federal management andfunds. Federal agencies have been, in the most part, supportive as Tribes haveoperated their own programs and exerted widening range of governmental powers.Copyright Ralph Reeser & Native American Technologies, Inc., 1999 Page 29Congress uses the DoD appropriation process to compensate Tribes for past lossesand to direct DoD to actively assist Tribal governments.1982President Reagan declares National Navajo Codetalkers Day. Unfortunately, thedeclaration fell short of honoring other Tribes -- such as the Choctaw --who were also avital part of the WWII Codetalker strategy.1984The Fort Berthold Reservation Mineral Restoration Act returned to the Three AffiliatedTribes mineral interests acquired by the Secretary of the Army for the Garrison Damand Reservoir. It also authorized transfer, if owners agreed, of Tribal or individualIndian lands to the Secretary of the Army.1986Congress directed the Secretary of Defense to report on DoD’s efforts 􀀀 and theiroutcomes 􀀀 to increase contract awards to Indian-owned business.1988The National Defense Authorization Act for FY's 1988 and 1989 authorized theSecretary of the Navy to pay $3.4 million to the Tulalip Tribes. This paymentcompensated the Tulalip for loss of their fishing grounds, which they blamed on theconstruction and operation of Navy homeport facilities at Everett and Port Gamble,Washington.The Secretary of the Army was directed to improve, maintain, and acquire additionallands for Indian treaty fishing sites on the Columbia River.The Aleutian and Pribilof Islands Restitution Act provided compensation to NativeAlaskan Aleuts for their relocation, internment and community losses in WWII.Congress repudiated House Concurrent Resolution 108 of the 83rd Congress and anypolicy of unilateral termination of Federal relations with any Indian Nation.The Indian Financing Act was amended to award Federal contractors an additional 5percent of the amount paid to a subcontractor or supplier if the subcontractor or supplierwas an Indian organization or Indian-owned enterprise.1990The DoD Appropriations Act prohibited the agency from contracting any activityperformed by more than ten DoD employees. Exceptions were allowed for commercialor industrial type functions, if performed by a qualified firm with 51 percent NativeCopyright Ralph Reeser & Native American Technologies, Inc., 1999 Page 30American ownership. Similar provisions were included in other DoD appropriationsacts.The Defense Authorization Act for FYs 1990/1991 increased assistance for Tribalorganizations under the DoD Procurement Technical Assistance CooperativeAgreement Program. The Act also defined the method of determining credit for meetingDoD subcontracting goals, in the case of work performed on Indian lands or by a jointventure involving a Tribe or Tribal owned corporation. The latter provision was codifiedas permanent law in the Defense Authorization Act for 1993.1991The Defense Authorization Act required that DoD property which included unsafebuildings or debris could be released from Federal control only after GSA regulations forsafe transfer could be met. An exception was made for property conveyed to a State,municipal government, or Native corporation.Custer Battlefield National Monument was renamed Little Bighorn Battlefield NationalMonument.The Chehalis River Basin Fishery Resources Study and Restoration Act required thatthe Director of the Fish and Wildlife Service consult with the Army Corps of Engineersand Tribal fishing interests in carrying out the Act.The DoD Appropriations Act established a 􀀀 Legacy Resource Management Program􀀀to protect, inventory and conserve Native American artifacts; 10 million dollars wereappropriated to establish and maintain the program.1992The DoD Appropriations Act stated that Indian Tribal governments should be treatedthe same as State and local governments for the purposes of disposing of DoD realproperty from sites and installations that were recommended for closure. The Act alsoearmarked $8 million for extra payments to contractors who subcontracted to Indianorganizations or Indian-owned enterprises. The Act required that DoD regulationsregarding such payments be implemented and distributed within 90 days. Similarprovisions were included in subsequent appropriations acts.Copyright Ralph Reeser & Native American Technologies, Inc., 1999 Page 311993Congress directed the Air Force and the Department of Interior to equally share the costof any necessary health and environmental mitigation before a DoD site in Bethel,Alaska could be transferred to the Yukon Kuskokwim Health Corporation.The Defense Appropriations Act earmarked $8 million for mitigation of environmentalimpacts resulting from DoD activities on Indian lands. In addition, up to 5 million dollarswas authorized to purchase tidelands, to be conveyed to Washington State. This wasto mitigate responsibilities related to tideland access guaranteed under US treaties withTribes in the Puget Sound region.The Energy and Water Development Appropriations Act for 1993 appropriated up to$500,000 to finance a reconnaissance study on flooding problems associated with thesanitary land fill on the Salt River Pima-Maricopa Indian Reservation in Arizona. Thestudy was to be conducted by the Corps of Engineers.Congress authorized a settlement between the Corps of Engineers and the Pueblo deCochiti of New Mexico.1994President Clinton issued a Memorandum entitled Government-to-GovernmentRelationship with Native American Tribal Governments. The memo directed allexecutive branch departments and agencies to operate in a content of Government-to-Government when interacting with Federally recognized Tribes. The memo alsodirected the Federal entities to consult, to the greatest extent practicable and to theextent permitted by law, with Tribal Governments prior to taking actions that affect theTribes. The mandated Consultation is intended to allow Tribes to (1) assess the impactof Federal Government plans, projects, programs and activities on Tribal trustresources, and (2) provide input into the development of such plans, projects, programsand activities.The Everglades Restoration and Kissimmee River Restoration projects wereimplemented to reverse the effects of the Army Corps of Engineers original 1958Everglades Reclamation project and its actions to straighten the Kissimmee River.(Original 1958 projects had been strenuously opposed by the Miccosukee Indians.)The Aleutian and Pribilof Islands Restitution Act authorized funds for the renovation,replacement and restoration of church property lost, damaged or destroyed duringWorld War II.The Defense Authorization Act required DoD to establish procedures for Indian Tribesto buy law enforcement equipment for counter-drug activities.The Defense Appropriations Act stated that an Indian Tribal or Alaska NativeCopyright Ralph Reeser & Native American Technologies, Inc., 1999 Page 32corporation could not be denied the opportunity to compete for a procurement contractsolely because it was not the actual manufacturer or processor of the product to besupplied. The Act also provided$8 million to mitigate environmental impacts related toDoD activities. Fundable activities could include training and technical assistance toTribes; related administrative support; information gathering; documentingenvironmental damage; and developing a prioritization system for mitigation. Similarprovisions were included in subsequent appropriations acts.The Defense Appropriations Act declared the sense of Congress that the Secretary ofthe Air Force should consider the comments of authorized representatives of the DuckValley Reservation of the Shoshone-Paiute Tribes. The Act specifically referencedconsidering the Tribal Representatives’ input in making decisions concerning airspaceabove the reservation, particularly in relation to military training flights below 15,000feet.1995The Defense Authorization Act provided for participation by Indian Tribes inagreements for DoD related environmental restoration. It also directed DoD to helpplace former members of the Armed Forces in law enforcement, fire fighting, and rescueor medical transport positions with Indian Tribes and other governments.The Defense Appropriations Act for 1995 authorized the use of DoD funds to transportmedical supplies and equipment, on a non-reimbursable basis, to the Indian HealthService when such supplies will be used in relation to a civil-military project. Similarprovisions were included in subsequent appropriations acts.The Defense Appropriations Act also required DoD to develop a report to Congress onenvironmental damage caused to Indian lands as a result of DoD activities.1996The Crow Creek Sioux Tribe Infrastructure Development Trust Fund Act included aCongressional finding that the Secretary of the Army had not provided, as required bylaw, mitigation activities to counter the effects of the Fort Randall and Big Bend projectson the Crow Creek Reservation. The Act concluded that the Tribe was entitled toadditional benefits through the Pick-Sloan Missouri River basin program. (Seeparagraphs under 1962 and 1971.)The Air Force agreed to provide 463 housing units from Grand Forks Air Force Base toSioux Tribes in North and South Dakota.Executive Order 13007, “Indian Sacred Sites,” mandated that each Federal agency(including the DoD) that manages or administers Federal lands should accommodateaccess to, and ceremonial use of, Indian sacred sites on those lands. The agenciesmust also avoid adversely affecting the physical integrity of such sacred sides. TheCopyright Ralph Reeser & Native American Technologies, Inc., 1999 Page 33Order further directs each agency to report back to the President within one year on theimplementation of the Order.1997The Omnibus Consolidated Appropriations Act allowed the Secretary of the Interior todirectly transfer portable housing units, which DoD had declared excess property on theGrand Forks Air Force base, to Tribes in North and South Dakota.1998Executive Order 13084, 􀀀 Consultation and Coordination With Indian TribalGovernments,􀀀 was issued by the White House. This Order reaffirmed theGovernment-to-Government Relationship which Tribal sovereignty confers andreaffirmed the Federal government’s Trust Responsibility to Tribes. It also mandatedthat a policy of Consultation and coordination with Tribal Governments be implementedby each agency.DoD published an official American Indian and Alaska Native Policy committing DoD tofulfilling its Trust Responsibilities, building stable and enduring relationships with Tribes,implementing and integrating the principals and practice of meaningful Consultation andcommunication with Tribes, and undertaking actions that protect and conserve naturaland cultural resources of significance to Tribes.The Defense Authorization Act contained amendments to allow agreements in supportof environmental technology certification to include Indian Tribes.DoD began a five year project which includes building 15+ miles of mountainous andcoastal road across Annette Island to facilitate access by Alaska Natives fromMetlakatla to a proposed ferry dock providing service to Ketchikan. The project includesasbestos abatement and removal activities at the Annette Island Airbase. The Army,Marine Corps, Air Force and Civil-Military Readiness Training Program are all involved.The Alaska State Legislature urged the President, on behalf of the US Government, toapologize for the Navy's unwarranted 1882 attack on the Alaska Native village ofAngoon. (Information under 1882.)There were several important parts in the Act of October 21st relating to AmericanIndians. These parts provided that:Copyright Ralph Reeser & Native American Technologies, Inc., 1999 Page 34• The Cheyenne River Sioux and Lower Brule Tribes prepare plans to restorethe wildlife habitat that was lost because of the flooding associated with theBig Bend and Oahe projects;• Trust funds, totaling $57.4 million, be established to carry out the Triballydevelopedplans;• The Secretary of the Army transfer certain lands within the two reservationsto the Tribes, under a schedule agreed to by the Secretary and the Tribes;and• The Secretary of the Army arrange for the US Geological Survey, inConsultation with the Bureau of Indian Affairs, to conduct a comprehensivestudy of the land transfers as they would impact the Tribes and the state ofSouth Dakota. The impact on those South Dakota Sioux Tribes which havewater rights within the Missouri River Basin would also be reviewed. (Seeparagraphs under 1950 and 1954.)1999The Defense Authorization Act provided that the Air Force shall, to the extentpracticable and not clearly inconsistent with essential agency functions, accommodateaccess to, and ceremonial use of, Indian sacred sites by Indian religious practitioners.The Act also directed the Air Force to avoid adversely affecting the integrity of suchsacred sites. It also required the commander of Mountain Home Air Force Base, Idaho,to regularly consult with the Tribal Chairman of the Shoshone-Paiute Tribes of the DuckValley Reservation to assure that Tribal governmental rights and concerns are fullyconsidered during the development of the Juniper Butte Range.The DoD Appropriations Act authorized the Secretary of the Air Force to convey militaryhousing units at the Malstrom Air Force Base in Montana to Indian Tribes, inaccordance with requests submitted by the Operation Walking Shield Program. The Actalso authorized the Secretary of Defense, in coordination with the Secretary of HHS, tocarry out a program to distribute surplus dental equipment to Indian health facilities.